In this article, a “junked vehicle” means a vehicle that is self-propelled and:
(1) 
Displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two (72) consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty (30) consecutive days, if the vehicle is on private property.
(Ordinance adopting Code)
A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public right-of-way:
(1) 
Is detrimental to the safety and welfare of the public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors; and
(6) 
Is a public nuisance.
(Ordinance 120 adopted 9/1/98)
(a) 
These procedures for the abatement of junked vehicles shall be administered by regularly salaried employees of the city, except that any authorized person may remove the nuisance.
(b) 
Prior to any hearing on the abatement of a junked vehicle or part thereof, notice shall be given as follows:
(1) 
Notice as to the nature of the nuisance shall be mailed more than 20 days in advance of any hearing by certified mail with a five-day return requested to:
(A) 
The last known registered owner of the nuisance;
(B) 
Each lienholder of record of the nuisance; and
(C) 
The owner or occupant of:
(i) 
The property on which the nuisance is located; or
(ii) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(c) 
The notice:
(1) 
Must state that the nuisance must be abated and removed not later than the 10th day after the date on which the notice was mailed; and
(2) 
Shall provide a date for a hearing before the municipal court of the city. A person subject to notice is entitled to 11 days’ prior notice of a hearing.
(d) 
If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered.
(e) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(Ordinance 120 adopted 9/1/98)
(a) 
The municipal court of the city is designated by the city council as the body who shall conduct hearings under this article.
(b) 
The hearing pursuant to this article shall be held not earlier than 11 days after the date of service of the notice.
(c) 
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
Following a hearing, the court may issue orders necessary for the abatement of the nuisance.
(e) 
If the nuisance is removed from the property, notice shall be given to the state department of transportation not later than the fifth day following removal.
(f) 
A junked vehicle removed pursuant to this article may not be made operable after removal.
(Ordinance 120 adopted 9/1/98)
(a) 
This article does not apply to a vehicle or vehicle part:
(1) 
That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a vehicle collector on the collector’s property, if the vehicle or part and outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery.
(b) 
In this article:
(1) 
“Antique vehicle” means a passenger car or truck that is at least 35 years old.
(2) 
“Motor vehicle collector” means a person who:
(A) 
Owns one or more special interest vehicles; and
(B) 
Acquires, collects or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
(3) 
“Special interest vehicle” means a motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ordinance 120 adopted 9/1/98)